2007-10-01
Regular Meeting of Beverly City Council 7:00 PM Jan
Page 1 of8
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Monday, August 17, 2009 2:22 PM
To: minutes@beverlyma.gov
Subject: 07.oct1.doc
Regular Meeting
Beverly City Council 7:00, PM October 1, 2007
Roll C all: Councilors Present: John Burke, William Coughlin, Timothy Flaherty ,Miranda Gooding, Patricia Grimes, Kevin
Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci
Pledge of Allegiance to the Flag: Led by Councilor Hobin
Appointments:
Public Hearings and Presentations:
7:05 PM Mayor Scanlon
7:20 PM Police Chief Mark Ray and City Planning Director Tina Cassidy
7:30 PM Paul Lanzikos-Lynch Park Carriage House
7:45 PM Beverly Airport Presentation, Past, Present and Future
Acceptance of Minutes:
Regular Meeting of September 17, 2007
Communications from His Honor the Mayor:
#220
October 1, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Both the Briscoe Middle School and the Memorial Building are heated with oil held in underground tanks. We have investigated the
changeover from oil to natural gas and can make that change at both locations for a total of $170,000 less $23,000 which will be paid to
the City by National Grid upon completion of the work.
The Briscoe oil tank has a 12,500-gallon capacity while at Memorial the tank can hold 20,000 gallons. Both tanks are old and in danger of
leaking thus creating an environmental issue. Also it is currently less expensive to heat with natural gas and that advantage is expected to
continue.
We had contemplated converting a number of schools to dual fuel capability in 2004 and appropriated funds for same. Recent analysis
leads us to conclude that natural gas is the fuel of choice for the future and we no longer plan to make those conversions. Thus, we
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Regular Meeting of Beverly City Council 7:00 PM Jan
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request that you vote to allow us to expend $170,000 of the previously appropriated funds (current balance of $365,000) for the conversion
at Briscoe and Memorial.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#221
October 1, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Tina Cassidy, Planning Director, to serve as the City's representative to
the Commission on Disabilities. She will replace Mr. Robert Nelson.
Very truly yours,
William F. Scanlon, Jr., Mayor
Recommend approval of the appointment 9-0 Vote
#222
October 1, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizens to serve as Constables in the City of Beverly for the
express purpose of serving civil process:
Ms. Debra M. Ruehrwein
32 Pine Street
Wakefield, MA 01880
Mr. William K. Fowler
156 Perkins Row
Topsfield, MA 01938
Attached are their applications, which have been approved by Police Chief Mark Ray. Their terms will be effective until October 31, 2010.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#223
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Regular Meeting of Beverly City Council 7:00 PM Jan
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October 1, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. J. Stephen Tosi, 286 County Way, Beverly, MA 01915, to serve as a
member of the Beverly Airport Commission.
He will fill the position left vacant by John Duval who resigned due to personal reasons. His term will be effective until December 31, 2009.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
Communications from Other City Officers and Boards:
#224
Honorable City Council
City Hall
191 Cabot St.
Beverly, MA 01915
RE: Proposed amendments to city ordinance relative to parking and traffic commission
Dear Member of the Council:
I respectfully submit for your consideration the attached proposed amendments to the City Ordinance relative to the Parking and Traffic
Commission. I hope you will consider these amendments for adoption
The attached copy depicts the suggestion changes. Underlined text would be new or revised text, and strike-throughs indicate language
which would be stricken from the current ordinance. In summary, the meaningful changes include:
Suggesting but not requiring that the mayor and council appointment to the Commission include a traffic engineer, transportation
engineer/planner, or parking an traffic consultant when possible;
"Correct" the notation that the Commission is responsible for maintaining municipal parking lots by eliminating any reference to
"Maintenance" in the list of Commission responsibilities;
Expand the entities to which the Commission may make reports by replacing the reference to "Planning board" with "municipal
boards and commissions': and
Recognize the numbered paragraphs to streamline wording of various responsibilities and authorities.
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I look forward to discussing this request with you in greater detail at an upcoming meeting.
Respectfully,
Tina P. Cassidy, Director
Planning & Development Department
SECTION 3-228. Parking and Traffic Commission
(a) Composition - The Parking and Traffic Commission shall be made up of representatives of the following: police department,
fire department, planning department, Beverly Chamber of Commerce, a citizen appointed by the Mayor and two citizens
appointed by the City Council. The Mayoral and Council appointees shall include, if possible, a traffic engineer, transportation
engineer/planner, or parking and traffic consultant. The terms of all members shall be for three years, so arranged that the
representatives of the police and fire departments shall expire in one year, the representatives of the planning department and
the Beverly Chamber of Commerce shall expire in another year, and the representative of the Mayor's office and the citizens
appointed by the City Council shall expire in a third year. Vacancies shall be filled by the appropriate entity for the balance of the
then unexpired term.
(b) Authorities and Responsibilities
(1) The Parking and Traffic Commission is established to control and regulate the present municipal lots, both owned and rented
by the City, (which control and regulation is subject to the approval of the Mayor and City Council), and to monitor and make
recommendations regarding traffic flow and patterns within the City of Beverly.
(2) The Parking and Traffic Commission shall have the power to direct funds from parking meter receipts into directional signage
and parking lot repairs, maintenance and beautification, subject to the recommendation of the Mayor and the approval of the City
Council.
(3) The Parking and Traffic Commission shall study and make surveys and recommendations to the Mayor, City Council, and
municipal boards and commissions pertaining to the development of new parking areas, the impact of new development on
traffic patterns, and new rules and regulations pertaining to parking and traffic including loading zones, etc.
(Ord. No. 44, 3-10-2005)
Communications, Applications and Petitions:
#225
Claim-Joseph Mulkern
Receive and Place on File
Refer to City Solicitor
#226
Claim-Gail Stains-Sewage Back Up
Receive and Place on File
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Refer to City Solicitor
#227
Request for permit to operate Hawkers and Peddlers Cart between hours of 11 :00 PM and 1 :20 AM. Cassandra Varley, 8 Violet Road,
Peabody
Refer to Legal Affairs
#228
Petition National Grid for conduits and JO Pole in Herrick Street
Refer to Public Services
#229
Supplemental information - Environmental Notification Form=Beverly Harborfront Project- Black Cow Restaurant
Receive and Place on File
Regorts from Committees:
#186
The Committee on Finance and Property to whom was referred the matter of an order to request an FBI investigation into allegations of
corruption within Beverly Police Department have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-1 Vote Councilor Burke voted against
#189
The Committee on Finance and Property to whom was referred the matter of Mayor's Report on Financial and Administrative Activities for
FT 2007 have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#215
The Committee on Finance and Property to whom was referred the matter of Review of Ordinance by outside counsel and funding have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Ordinance Review required by Sec. 8-5 of the Beverly City Charter be conducted by special counsel appointed for that
purpose and that James N. Decoulos, Esq. Of Topsfield, MA be appointed as such special counsel.
And: A request of the Mayor for a transfer of $7,000 from budget item account for unforeseen expensed to the account for outside counsel
be initiated
Order read once and adopted 9-0 Vote
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#219
The Committee on Finance and Property to whom was referred the matter of use of city property for dumpster have considered said matter
and beg leave to report as follows, to wit:
No Further Action
Order read once and adopted 9-0 Vote
#220
The Committee on Finance and Property to whom was referred the matter of expenditure or previously appropriated funds have
considered said matter and beg leave to report as follows, to wit;
Submit the accompanying order and recommend its adoption
Ordered: That the City Council hold a Public Hearing on Monday, October 15, 2007 at 7: 10 PM in Council Chambers, 191 Cabot Street,
Beverly, MA relative to the expenditure of previously appropriated funds in the amount of one hundred seventy thousand ($170,00 )
Dollars for the conversion to natural gas at Briscoe and Memorial.
First Passage:
Public Hearing:
Final Passage:
Oct. 1, 2007
Oct. 15, 2007
Oct. 15, 2007
Order read once and adopted 9-0 Vote
#140
The Committee on Public Services to whom was referred the matter of Ordinance relative to Director of Public Services Street Repairs
have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 7 -2 Vote Councilors Burke and Grimes voted against
#199
The Committee on Public Services to whom was referred the matter of Open Space and Recreation Draft Plan have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#208
The Committee on Public Services to whom was referred the matter of communication regarding Rail Road Crossing have considered said
matter and beg leave to report as follows, to wit:
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Receive and Place on File
Order read once and adopted 9-0 Vote
#209
The Committee on Public Services to whom was referred the matter of Street Paving have considered said matter and beg leave to
report as follows to wit:
Receive and Place on File
Order Read once and Adopted 9-0 Vote
#228
The Committee on Public Services to whom was referred the matter of petition of National Grid have considered said matter and beg leave
to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council will hold a public hearing on Monday, October 15, 2007 at 7:05 PM in Council Chambers, 191 Cabot
Street, Beverly, MA relative to the enclose petition of National Grid for the installation of 2 4" concrete encased conduits and one JO pole,
with miscellaneous overhead equipment in Herrick St.
Order read once and adopted 9-0 Vote
Unfinished Business:
Resolutions:
#230
Eagle Scout-Ryan Comeau
Motions and Orders:
#231
By Councilor Flaherty:
Ordered: That Police Chief Mark Ray be invited before the City Council to discuss his first ninety days as Chief.
Order read once and adopted 9-0 Vote
#232
By Councilor Troubetaris:
Ordered: The permit fees to hook up to city Sewerage be waived for the Ryal Side Civic Association.
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Refer to Finance and Property
#233
By Councilor Troubetaris:
Ordered: That a four-way stop sign be placed at the intersection of Livingston Ave and Carver St.
Refer to Public Services
Meeting adjourned: 9:30 PM
Frances A. Macdonald, CMC
City Clerk
8/24/2009